For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more
A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the...more
EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more
Effective August 1, OSHA, EPA and the Department of the Interior, among other federal agencies, are raising the ranges of civil penalties assessed under their respective programs. The Federal Civil Penalties Inflation...more